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I was terminated from my position after working for just over 90 days. I was not given a reason. I contacted my former employer with my issues with my wrongful dismissal and they told me that because I was a part time employee on paper, that my probationary period is defined as 90 working days and not 90 calendar days. I’ve looked at the ESA quickly and don’t see anything about 90 working days; it just says 3 months as an employee. Is the business owner correct when she says that I wasn’t entitled to an explanation for termination because I didn’t put in 90 working days?

Thank you for your question.

Under the Employment Standards Act, you become entitled to notice of termination after you have been employed for three months or more. The business owner is incorrect, and the company is in violation of the ESA.

You are in fact likely owed more than what is stipulated in the ESA, as the ESA only stipulates minimum, not full entitlements.

Should you wish to obtain more information please contact us at the number below.
The Lawyers at Samfiru Tumarkin LLP
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